Here’s How Apple Plans to Bypass the iPhone Ban in China

Earlier this week, a Chinese court granted Qualcomm an import ban on a series of iPhone models — from the iPhone 6s to the iPhone X — after it found that those devices had allegedly violated two of Qualcomm’s patents.

Now, in a statement to Reuters, Apple said it will push out a software update early next week that will “address any possible concern about our compliance with the order.”

Despite that, Apple also said that based on the smartphone models currently available in China, the company believes it is already in compliance.

That echoes a previous statement Apple made shortly after the court decision. The Cupertino tech giant said at the time that “all iPhone models remain available for our customers in China.”

It’s not currently clear what measures the software update will implement since Apple says its iPhones are already compliant with the court issued ban.

According to Apple, that’s because Qualcomm’s patents only affect devices running iOS 11. All new iPhones, including those sold in China, have iOS 12 installed — which the company says does not violate the chipmaker’s patents.

On the other hand, Qualcomm’s general counsel, Don Rosenberg said that the import ban has nothing to do with the software a device is running. In a statement to Reuters, Rosenberg said that “Apple continues to disregard the violate the Fuzhou court’s orders.”

In other words, the two companies disagree on whether the court order means that Apple must halt sales of its devices in the country.

Apple has also appealed the injunctions in China, saying that it will use “all of its legal options” through the courts in the country.

Whether or not the software update addresses those two patents, it’s unlikely to bring a quick end to the legal dispute. Qualcomm has since asked Chinese courts to ban sales of iPhone XS and XR devices running iOS 12.

Qualcomm and Apple have been locked in a tortuous legal battle over the last few years related to various patent lawsuits. While part of a larger legal spat, it’s worth noting that the import ban in China is unrelated to Qualcomm’s patents on wireless modem technology.